9-11 OCEAN TERRACE - LIPTAK, MARK - ZBA 9-11 Ocean Terr. (R-1 )
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DEZISION 0; T: E PETITION OF MARK LIPTAK FOR SPECIAL .
=MIT FOR 9-11 OCEAN TERRACE, SALEM
A hearing on this petition was held February 26, 1 86 y�t��the & ing Board
Members present: James Hacker, Chairman; Messrs. ,�Y`W al,"CR s�''V43trout and
Associate Member Dore. Notice of-the hearing was ��$$e�td to abutters and others and
notices of the hearing were properly published in `£ge"Salem Evening News in
accordance with Massachusetts General Laws Chaptert1f9A.tERY "LEM.MOSS.
Petitioner, owner of.the property, is requesting modification of a Special Permit
granted September 10, 1980 allowing premises to be used as three family in this
R-1 district.
The provision of the Salem Zoning Ordinance which is applicable to this request
for a Special •Permit is Section V B 10, which provides as follows:
Notwithstanding anything to the contrary appearing in this Ordinance,
tte Board of Appeal may, in accordance with the procedure and conditions
set forth in Section VIII F and IX D, grant Special PErmits for alterations
and reconstruction on nonconforming structures, and for changes, enlarge-
ment, extension or expansion of nonconforming lots, land, structures,
and uses, provided, however, that such change, extension, enlargement
or expansion shall not be substantially more detrimental than the existing
nonconforming use to the neighborhood.
In more general terms, this Board is, when reviewing Special Permit requests,
guided by the rule that a Special Permit request may be granted upon a finding
by the Board that the grant of the Special Permit will promote the public health,
safety, convenience and welfare of .the City's inhabitants.
The Board of Appeal, after careful consideration of the evidence presented at the
hearing, makes the following findings of fact:
1 . There was no opposition;
2. Premises has been used as three family since prior decision dated
September 10, 1980.
On the basis of the above findings of fact, and on the evidence presented at the
hearing, the Board of Appeal concludes as follows:
1 . The proposed use of the property will not be substantially
detrimental to the neighborhood;
2. The proposed use of the property is in harmony with the Salem Zoning
Ordinance.
DECISION ON THE PETITION OF MARK LIPTAK FOR
SPECIAL PERM,IT 'FOR 9-11 OCEAN TERRACE, SALEM
page two
Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the relief
requested, provided that:
1 . A Certificate of Compliance relative to the installation of
automatic smoke detectors be obtained;
2. Premises remain owner occupied;
3. At no time shall more than a total of seven (7) persons use this
property as a residence or the property shall revert to its former
status as a two family;
4. At no bime shall those persons occupying this property own, lease, or
have available to them for general use more than a combined total of
four (4) vehicles or the property shall revert to its former status as
a two family.
SPECIAL PERMIT GRANTED
Ames B. Hacker, Chairman
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND. THE CITY CLERK
FPi E'd hd_:.i ii!iL SRIN, : A%Y. SHALL BE MADE PURSUANT TO SECTION 17 OF THE PASS.
LAV.S, CHAP:LR SOB. AND SHALL BE FILED V11THIN 20 DAYS AFTER THE DATE OF FILING
CF DECiSi0i; IN' THE OFFICE OF THE CITY CLERK.
T 1'.ASS. GHGER.AL LA."S. CHAPTER 808, SECTION 11, THE VARIANCE OR SPECIAL PERIAIT
C NAMED HErEI1L c:C,: N•?T W..!IE EFFECT UNTIL A COPY OF THE DECISION, BEA:iiN,� THE CERT
FiCATi: THE Cki CLEP,n i�AT 20 DAYS HAVE ELAPSED AND NO APPEAL HAS SEEN FILED,
TH IF SG:::; Ai: APPEAL HAS BEEN FILE, THAT IT HAS BEEN DISMISSED OR DEEMED IS
REL:'RDED IN THE 5}UiH ESSEX REGISTRY OF DEEDS AND INDEXED UNDER THE NAME OF THE OWNER
OF RECORD OR 15 RECORDED AND NOTED ON THE OWNER'S CERTIFICATE OF TITLE.
BOARD OF APPEAL
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OK6747 PG608,
Salem, RECEIVED
j Tug of
Poarb of �ppeal
080 SEP 16 P3 :21
SEPTEMBER 10, 1980 CITY CLERK'S OFFICE
SALD! Mass.
DECISION ON THE PETITION OF MARTHA B. SANDERS FOR A SPECIAL PERMIT FOR 9-11
OCEAN TERRACE.
A hearing on this Petition was held on September 10, 1980 with the
following Board Members present: Douglas Hopper, Chairman; Messrs. Piemonte,
LaBrecque, Feeherry and Associate Member Martineau. Notice of the hearing was
sent to abutters and others and a notice of the hearing was published in the
Salem Evening News on August 27, and September 3, 1980, in accordance with
Massac:iusetts General Laws, Chapter 40A.
The Petitioner has requested a Special Permit to convert the existing
two-family dwelling at 9-11 Ocean Terrace into a three-family dwelling.
The property is within an R-1 district; however, the property has for
many years been used as a two-family dwelling (a non-conforming use) .
The provision of the Salem Zoning Ordinance which is applicable to this
request for a Special Permit is Section V B 10, which provides as follows:
Notwithstanding anything to the contrary appearing in this Ordinance,
the Board of Appeals may, in accordance with the procedure and conditions
set forth in Section VIII F and IX D, grant Special Permits for altera-
tions and reconstruction of nonconforming structures, and for changes,
enlargement, extension or expansion of nonconforming lots, land, structures,
and uses, provided, however, that such change, extension , enlargement or
expansion shall not be substantially more detrimental than the existing
nonconforming use to the neighborhood, nor shall this paragraph apply to
billboards, signs, or other advertising devices.
In more general terms, this Board is, when reviewing Special Permit
requests, guided by the rule that a Special Permit request may be granted
upon a finding by the Board that the grant of the Special Permit will promote
the public health, safety, convenience and welfare of the City's inhabitants.
The Board, after considering the evidence at the hearing on this matter,
makes the following findings of fact:
1. The Petitioner has made substantial improvements in the property
over the last year and has made a significant investment in the
property.
2. The property is a very large structure which can be easily converted
to a three-family dwelling and which is uneconomical as a two-family
dwelling.
6K6747 PG609'
RECEIVED
Poar3 of ApprA '80 SEP 16 P3 :2'
CITY CLERK'S OFFIC
SEPTEMBER 10, 1980 SALEM MASS.
t
PACE TWO - 9-11 OCEAN TERRACE - MARTHA B. SANDERS
3. The property is surrounded by other three and four family dwellings
in the neighborhood.
On the basis of the above findings of fact and on the evidence presented
at the public hearing, the Board of Appeals finds (i) that the proposed use
of the property will not be substantially more detrimental than the existing use
to the neighborhood, (ii) that the proposed use of the property will promote
the public health, safety, convenience, and welfare of the City's inhabitants,
and (iii) that the proposed use of the property is in harmony with the Salem
Zoning Ordinance. Accordingly, the Board unanimously approves the granting
of a Special Permit to the Petitioner.
The Special Permit is therefore granted in accordance with the following
terms and conditions:
1. The use of this structure as a three-family dwelling is conditioned
upon the continued ownership of the property and the continued occupancy of
the property by the Petitioner.
2. In the event that the property is sold or in the event that the
Petitioner ceases to use the property as her principal place of residence, the
property shall revert to its former status as a two-family dwelling.
3. At no time shall more than a total of seven (7) persons use this
property as a residence or the property shall revert to its: former status as a
two-family dwelling.
4. At no time shall those persons occupying this property own, lease,
or have available to them for general use more than a combined total of four
(4) vehicles or the property shall revert to its former status as a two-family
dwelling.
5. The conversion of the third floor of this property shall be done in
accordance with the plans filed with the Board showing a three-room (one bedroom)
apartment.
6. No further work shall be done at the property without a valid building
permit.
SPECIAL PERMIT GRANTED
�!�'72 l• .��le-c'. Fig-iL7 .
Anthony M. Fbieherry, Secretary
APPsAL Fnvnl THIS 7ECJS;ON, IF ANY. SHALL S° ':'ADE PCiSI':;a T; SECTION 17 OF THE MASS.
5EfIZAAb LAW?, CoA?TEA 898, AND SHALL BE FRED riiiHUi 2% DAYS .AFTER THE IlirE OF FILIND Dote -._.
k'T T,4;5 G?C:1P7ii IN THE OFFICE OF THE CITY CLER{.
7:; S, iiRAL LA +S. CHAPTER 803, 5:;.. ' 1 Il THE ✓ARIANCE OR SPECIAL PERMI'J hereby cril fy fhcf 20 days haw e;:i3i
Np 9 ,'A •i d:dl Nva TM1eE EFF_CT UNTIL A C-Pt " THE " SL:N, BEARING THE CERT-
-P AL
ERT•,:.AL HAS BEEN FILED
LR IH,P if SU0 At,' APPEAL H1"' EE[il F LE I SSED OR DENIED IS -Y p Jrr
R,NQRQ` IN THE SOUEIi ESSEX REyISTRY OF LEEuS AND I IL :ED unOc" THE NAME OF THE OVViNFi ; ;E 1v
®N RRCORD OR IS RECORDED AND NOTED ON THE OWNER'S CERTIFICATE OF TITLE. i ,
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BOARD, OF APP$Al : A firee��� r,
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A COPY OF THIS DECISION HAS BEEN FILED WITH THE P N '° �/AND rTHE CITY CLERK
ESSI X SS. RECOY�D D_ 1qf� `� 114. PAST /� C�M. INST. 7/